Judicial Interference In Tender Matters: A Debate

Public tenders are central to India's procurement system, allowing the government and public sector organisations to source goods and services from private entities. This process ensures transparency, competitive pricing, and optimal use of public funds across sectors like infrastructure, healthcare, and defence. Government institutions at various levels award contracts through tenders, governed by the rule of law, which mandates fairness and transparency. Public tenders, typically involve large financial stakes and competition. As a result, parties often approach courts challenging the decision of the tender issuing authority over the eligibility of bidders, the selection process, or the interpretation of tender conditions. Aggrieved parties tend to seek judicial intervention under Article 226 of the Constitution of India to address perceived irregularities, arbitrariness, or bias in the process, as the courts are seen as protectors of public interest and the rule of